UStrive

Terms of Service

 

UStrive.org (“UStrive.org”, “we,” or “us”) and our Website at www.UStrive.org (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), the virtual mentoring platform operated by UStrive (a third party service provider at www.UStrive.com) on our behalf, and other services provided by us and on which a link to these Terms of Service is displayed (collectively, together with the Site, our “Service”). These Terms of Service are a legally binding contract between you and UStrive.org regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE UStrive.org PRIVACY POLICY)(COLLECTIVELY, THESE “TERMS”).

If you are not eligible, or do not agree to these Terms, then please do not use the Service.

These Terms of Service provide that all disputes between you and UStrive.org will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 19 below for the details regarding your agreement to arbitrate any disputes with UStrive.org.

  1. Eligibility. You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least thirteen (13) years of age; (b) that you have not previously been suspended or removed from the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

  2. Accounts and Registration. Certain features of the Service do not require an account. However, you may be required to register for an account to use other features of the Service, including for example: to use the virtual mentoring platform operated by UStrive on our behalf; providing and/or receiving mentorship; uploading, downloading, accessing, and using content; and communicating with a mentor or mentee. When you register for an account, you may be required to provide us with some information about yourself (such as your name, age, phone number, e-mail address, name of your high school, standardized test scores, GPA, income, race or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. UStrive.org may, now or in the future, permit you to register for an account with or log in to the Service through certain third party social networking services, such as Facebook, Twitter and/or Google (individually, a “Linked Account”). By registering for or logging in to the Service with a Linked Account, you agree that UStrive.org may access and use any account information from the Linked Account that you have configured to be made available to third parties in this manner, and you agree to the terms of service of the Linked Account regarding your use of the Service via the Linked Account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].

  3. Donations. UStrive.org allows you to make donations or contributions through the Service to UStrive.org, its affiliate non-profit organizations, or causes and programs advocated by UStrive.org and/or its affiliate non-profit organizations. If you make such a donation or contribution online, UStrive.org will bill charges via PayPal using the account information provided by you or as otherwise specified by you, for example a credit card. You authorize PayPal or such credit card account to pay any amounts so donated or contributed by you, and authorize UStrive.org (or its authorized payment processor) to charge all sums described herein to your PayPal account or such credit card account. You agree to provide UStrive.org updated information regarding your credit card account upon UStrive.org’s request and any time the information earlier provided is no longer valid.

  4. User Content

    1. User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service or otherwise share User Content with other users. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

    2. Limited License Grant to UStrive.org. By posting or publishing User Content, you grant UStrive.org a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by UStrive.org may be without any compensation paid to you.

    3. Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.

    4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that: 
      You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize UStrive.org and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by UStrive.org and these Terms; and Your User Content, and the use of User Content as contemplated by the Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party.

    5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. UStrive.org may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UStrive.org with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, UStrive.org does not permit copyright-infringing activities on the Service.

  5. Digital Millennium Copyright Act

    1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
      UStrive.org 556 Valley Way Milpitas, CA 95035
      E-Mail: [email protected]
      Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

      3. a description of the material that you claim is infringing and where it is located on the Service;

      4. your address, telephone number, and email address;

      5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    2. Repeat Infringers. UStrive.org will promptly terminate without notice the accounts of users that are determined by UStrive.org to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.

  6. Prohibited Conduct.
    BY USING THE SERVICE YOU AGREE NOT TO:

    1. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;

    2. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

    3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

    4. interfere with security-related features of the Service, including without limitation by (a) disabling or circumventing features that prevent or limit use or copying of any content, or (b) reverse engineering or otherwise attempting to discover the source code of the Service or any part of the Service, except to the extent that activity is expressly permitted by applicable law;

    5. interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of the Service; (c) attempting to collect personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

    6. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;

    7. Sell or otherwise transfer the access granted in the Terms or any Materials (as defined in Section 13 below) or any right or ability to view, access, or use any Materials; or

    8. attempt to do any of the foregoing in this Section 6, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 6.

  7. Mentors. If you are a “mentor” user of the Service or have applied to be a “mentor” user, then you also agree to the following additional terms.

    1. You will be subject to a background check when you apply to be a mentor user. You represent and warrant that any and all information you provide to us during the application process is true and accurate. You hereby grant us express consent to use such information to perform the background check in accordance with our Privacy Policy.

    2. After you have been granted the “mentor” status, you may be paired with certain other user(s) of the Service who have consented to receive advice from you and who you may consider as your “mentee”. As a mentor, you are still an independent user of the Service and are not deemed in any way personnel of UStrive.org. Nothing should be deemed to create any employment, contractor, agent or other affiliate relationship between you and UStrive.org. You are not allowed to make any representation or statement on behalf of, or in any manner that may be interpreted as being made on behalf of, UStrive.org. During the course of using the Service as a mentor, you may voluntarily provide advice or information to your mentees, in your own, individual capacity. Any such advice or information is provided on your own behalf, and does not represent any advice or view of UStrive.org.

    3. When interacting with your mentees through the Service, whether online or offline, you agree to comply with all guidelines and requirements provided by UStrive.org to you. You will not present any false, misleading or inappropriate information and will not engage in any illegal or inappropriate behaviors. You are not allowed to charge any fees to your mentees or ask for any monetary compensation for providing any information, advice or mentorship to your mentees.

    4. As a mentor, you may be provided with information (including personally identifiable information) about your mentees or other users of the Service, either by UStrive.org or directly by those individuals. You agree that any information provided to you is confidential in nature. You agree to protect and maintain the confidentiality of such information, to use such information only for the purposes of using the Service as a mentor, and not to disclose any such information to any third party. You will respect the privacy of the individuals with whom you interact and will not share with any third parties their information or stories without first obtaining express consent from UStrive.org and the individuals.

  8. Curriculum. Certain users of the Service (e.g., mentors and mentees) may have access to certain curriculum, course materials, and other content (collectively “Curriculum”) developed or licensed by UStrive.org. UStrive.org and its licensors retain all ownership rights including all associated intellectual property rights in and to the Curriculum. If you are provided with access to the Curriculum, you may use it only for the purpose of the Service and through our virtual mentoring platform. You will not download, store, copy, reproduce, modify, distribute or otherwise exploit the Curriculum unless you have first obtained express written consent from UStrive.org.

  9. Third-Party Services and Linked Websites. UStrive.org may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on UStrive.org with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

  10. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, UStrive.org in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Upon any termination of your access to or use of the Service, any mentor-mentee relationship in connection with your prior use of the Service will terminate automatically. You may no longer represent yourself as a mentor or mentee with UStrive.org. You may terminate your account at any time by contacting customer service at [email protected].

  11. Privacy Policy; Additional Terms

    1. Privacy Policy. Please read the UStrive.org Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The UStrive.org Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

    2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms“), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 12 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

  12. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

  13. Ownership; Proprietary Rights. The Service is owned and operated by UStrive.org. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, Curriculum and all other elements of the Service (the “Materials”) provided by UStrive.org are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of UStrive.org or our third-party licensors. Except as expressly authorized by UStrive.org, you may not make use of the Materials. UStrive.org reserves all rights to the Materials not granted expressly in these Terms.For any feedback or suggestions provided by you to us regarding any Materials (“Feedback”), you hereby assign to us all of your right, title, and interest in and to the Feedback, including all intellectual property and proprietary rights.

  14. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless UStrive.org and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “UStrive.org Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of these Terms or any representation, warranty, or agreements referenced in the Terms, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

  15. Disclaimers; No Warranties
    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE UStrive.org ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE UStrive.org ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
    ALL USERS, INCLUDING ALL REGISTERED MENTORS AND MENTEES, USE THE SERVICE AT YOUR SOLE DISCRETION.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE UStrive.org ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE UStrive.org ENTITIES do not GUARANTEE COLLEGE ADMISSION IN ANY COLLEGE, NOR DO THEY GUARANTEE YOUR MENTOR WILL MEET YOUR EXPECTATIONS FOR MENTORSHIP. ANY ADVICE PROVIDED BY YOUR MENTOR IS INDEPENDENT OF UStrive.org, AND UStrive.org DOES NOT TAKE ANY REPSONSIBILITY FOR ANY ADVICE RENDERED TO YOU OR FOR ANY COMMUNICATION BETWEEN MENTORS AND MENTEES. YOUR MENTOR WILL NOT SUBMIT COLLEGE APPLICATIONS FOR YOU AND YOU ARE USING YOUR MENTOR’S ADVICE AT YOUR SOLE DISCRETION AND RISK.
    YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  16. Limitation of Liability
    IN NO EVENT WILL THE UStrive.org ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE UStrive.org ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
    YOU AGREE THAT THE AGGREGATE LIABILITY OF THE UStrive.org ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO UStrive.org FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $100.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  17. Governing Law. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under the Terms, you and UStrive.org agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California, for the purpose of litigating all such disputes.

  18. General. These Terms, together with the UStrive.org Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and UStrive.org regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 4, 6, and 8 through 21.

  19. Dispute Resolution and Arbitration

    1. Generally. In the interest of resolving disputes between you and UStrive.org in the most expedient and cost effective manner, you and UStrive.org agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND UStrive.org ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    2. Exceptions. Notwithstanding subsection 19.1, we both agree that nothing in the Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims.

    3. Arbitrator. Any arbitration between you and UStrive.org will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting UStrive.org.

    4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice“). UStrive.org’s address for Notice is: 556 Valley Way Milpitas, CA 95035. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or UStrive.org may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or UStrive.org will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, UStrive.org will pay you: (x) the amount awarded by the arbitrator, if any, (y) the last written settlement amount offered by UStrive.org in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.00, whichever is greater.

    5. Fees. In the event that you commence arbitration in accordance with these Terms, UStrive.org will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse UStrive.org for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

    6. No Class Actions. YOU AND UStrive.org AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and UStrive.org agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

    7. Modifications. In the event that UStrive.org makes any future change to this arbitration provision (other than a change to UStrive.org’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to UStrive.org’s address for Notice, in which case your account with UStrive.org will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

    8. Enforceability. If Subsection 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

  20. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  21.  Contact Information. The services under the Terms are offered by UStrive.org at 556 Valley Way Milpitas, CA 95035. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].

 

Last Updated: August 15, 2022